Exam 4 Missed Questions Flashcards
What rules of privilege applies to claims arising under federal law?
Federal rules of privilege
Is the physician-patient privilege recognized under federal law?
No,
Evidence of liability insurance coverage is not admissible as sub. proof that a party acted negligently or wrongfully. However, it can be offered for:
Non-substantive purposes like impeachment.
Why does the former testimony exception rarely apply to grand jury testimony?
Because:
1. a suspect/def is seldom present at a grand jury proceeding
AND
2. the prosecution’s motive to develop a witness’s testimony is often lacking.
What is the doctrine of curative admissibility and when does it apply?
It allows otherwise inadmissible evidence to be admitted to rebut prejudicial evidence when:
1. the evidence was improperly admitted through no fault of the prejudiced party,
2. that party objected to and moved to strike the evidence,
AND
3. an instruction to disregard CANNOT remedy the prejudice.
Very specific fact pattern, then allows otherwise inadmissible evidence to be admitted.
Who can authenticate a photo?
A photo is authenticated when a witness with personal knowledge of the thing depicted testifies that the photograph fairly and accurately depicts the thing. Chain of custody is generally unnecessary, cause identification is easy.
Must a court exclude witnesses from the courtroom so they do not hear other witnesses testimony, if a party so requests?
Yes, must if the party requests or at the courts own initiative.
BUT, cannot exclude certain witnesses:
1. parties or their designated reps.
2. person whose presence is essential to the case,
3. and person’s authorized by statute to be present.
Out of court statements can be admissible for what purposes?
- to prove that a statement was made
- to identify a statement’s content - but not to prove its truth -
OR - to show a statements effect on the person who heard it.
